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General Terms and Conditions of Use

Last updated version: 14 October 2019

Article 1 - Purpose

My Phone Time is a service aimed at optimising your time. It tracks and saves activities on mobile phones to help the user better understand and limit their use. My Phone Time is developed by:

Smarter Time SAS
18 Rue Taylor, 75010 Paris, France
RCS Paris B 803 936 046
Share capital: 40.680 euros
contact@smartertime.com
Tel. +33 (0)1 77 16 08 72

Our applications and services are declared to the French privacy controller CNIL, declaration 1818487.

My Phone Time provides you with its services under the condition that you accept the General Terms and Conditions of Use below, the purpose of which is to set the technical, practical and legal terms of our relationship. When you install My Phone Time, you confirm that you have full and complete understanding of these General Terms and Conditions of Use, which you unconditionally accept and promise to respect.

As a private individual, you therefore promise not to use My Phone Time services for business, marketing, canvassing or advertising purposes. If Smarter Time was informed in any way that the information of one of its users was the object of fraudulent use, Smarter Time reserves the right to terminate as a matter of right, and without prior warning or compensation, the subscription of the affected account, and to refuse future access to all or a part of the services available on My Phone Time to the person who misappropriated or fraudulently used that information.

Article 2 – Access Conditions

My Phone Time is not intended for and is not designed for children under 13 years of age. If you are 13 or older but under the age of 18, then you agree to review the agreement with parent(s) or guardian(s) to ensure that both you parent(s) and guardian(s) understand and consent to the agreement and that the user and his or her parent(s) or guardian(s) reviewed and accepted the agreement on the user’s behalf. If the reader of the agreement is a parent or guardian entering this agreement for the benefit of a child over 14, then he or she agrees to take full responsibility for his or her child’s use of My Phone Time, including all financial charges and legal liability that such child may incur.

Within the limits of the laws and regulations in effect, Smarter Time reserves the right to terminate, without prior warning or any financial compensation, any subscription to services subscribed by a minor or a legally-incapacitated person who would have fraudulently lied about his/her age or identity.

Article 3 – Services Offered

My Phone Time provides both free and paid services.

In both cases, My Phone Time lets you automatically track the time spent on your phone, analyze it with analytics.

You always keep the possibility to enter the information about your day manually.

Article 4 – Subscription to Services

4.1 – Practical Methods of Subscription

To access the free and paid services on My Phone Time, you can – or must for paid services – create an account by using the Google or Facebook login services.

You will then be asked to carefully read these General Terms and Conditions of Use. Check the box to indicate that you have read them and accept them.

Once these steps are completed and, if applicable, full payment is made for the relevant service, and your account access will be tied to your Google or Facebook account. As a result, Smarter Time shall in no way be held responsible for the loss of your Google or Facebook account.

4.2 – Basic and Premium services

My Phone Time offers you a reduced subset of the application features for free. To allow us to cover the cost of services, you accept that advertisements from Smarter Time’s partners may appear while you are using the app.

When subscribing to the Premium offer, which is a paid package, you unlock access to all the features and do not see ads displayed anymore.

Article 5 – Rates and Methods of Payment

All rates for Premium services include tax and the payments are processed through the Google Play Store platform. You can unsubscribe through the Google Play application only, as we do not directly manage the subscription.

Article 6 – Protection of Personal Data

As part of the app management, if you register, My Phone Time will collect your e-mail address and name in order to manage your account. We do not collect your banking information, which is processed through a dedicated system on the Google Play Store Platform, or any other personal information.

For the app to fulfil its purpose, My Phone Time collects information regarding your phone use. All such information is stored locally and your phone and can never be accessed by our company.

Among the activities from your phone use, some can reveal, directly or indirectly, sensitive information such as your racial or ethnic origins, your political, philosophical or religious convictions, your union membership, your health or your sexual life.

In any case, Smarter Time invites you to take all necessary security measures, such as locking your phone with an access code, in order to avoid that any unauthorised third party accesses data registered on your My Phone Time app. Not doing so is at your own risk. Under no circumstances can Smarter Time be held liable for any loss or unauthorised access to data registered on your My Phone Time app.

Article 7 – Usage statistics and crash reports

As you use the app, some anonymous information – such as your Internet protocol address, usage of the application, crash reports and access times – may be passively collected and stored by us or on our behalf. To that end, Smarter Time uses the services Fabric and Google Analytics, and these services only. The purpose of Google Analytics is to help companies understand how users interact with their apps in order to make improving apps possible without collecting any identifiable user data. The purpose of Fabric is to collect and classify crash reports so they can be fixed in the app.

Article 8 – Intellectual Property

Any trademarks, logos, graphics, photos, animations, videos or texts appearing in the app, with the exception of those obtained through links to other websites, apps or advertising authorised by Smarter Time, are the intellectual property of Smarter Time and may not be reproduced, used or represented without specific authorisation from Smarter Time under threat of legal proceedings.

In accordance with these General Terms and Conditions of Use, you agree to use that intellectual property for personal use only, and therefore not to modify, copy, reproduce, download, publish, share or commercialise that information for any purpose whatsoever, and in particular, for sales and marketing purposes.

Smarter Time hereby grants you a non-exclusive, non-transferable, revocable license to use the app as follows to employ the app with one account.

Article 9 – Modification

Smarter Time reserves the right to modify, improve or develop at any time the pages on the app, the services offered, their applicable rates or these General Terms and Conditions of Use.

Such modifications will come into effect as soon as they are activated on Smarter Time and, starting from that date, will apply to any subscribed service.

For that reason, we encourage you to regularly consult our offers as well as the General Terms and Conditions of Use available on Smarter Time.

Article 10 – Failure to retract – Termination – Force Majeure

In accordance with these General Terms and Conditions of Use, you acknowledge that the paid services to which you subscribe are available immediately and may not, under any circumstances and in accordance with article L. 121-21-8 of the Consumer Code (‘Code de la consommation’), be subject to a right to retract, except during the two hours following the purchase of the app pursuant to the general conditions of Google Play Store Platform.

Smarter Time reserves the right to terminate your account, following a notice period of 7 days, in the event that you fail to comply with your obligations in accordance with these General Terms and Conditions of Use.

Your obligations as well as Smarter Time’s, in accordance with these General Terms and Conditions of Use, may be suspended in case of a force majeure event. If suchforce majeure event should last for more than thirty (30) days, your account will be automatically terminated without yourself or Smarter Time being able to claim any compensation.

Article 11 – App Functionality and Service Continuity

Access to My Phone Time is available 7 days a week, 24 hours a day, barring any possible breakdowns or technical problems, app maintenance, technical updates or improvements required to ensure the app’s functionality and service continuity.

Therefore, in accordance with these General Terms and Conditions of Use, you promise not to hold Smarter Time responsible for any disruption to the app functionality and service continuity. More precisely, Smarter Time has no responsibility or liability for the deletion or accuracy of any content, including your content.

To access My Phone Time, you must use a tablet or a phone with an Internet connection and with parameters such as to allow for adequate access to the app. Smarter Time does not guarantee that the app will be compatible with your mobile device or your tablet.

Smarter Time cannot be held responsible for any malfunction, access denial or wrong user condition caused by the device, the Internet provider, network congestion, or any other reason not associated with My Phone Time. Besides, you alone are responsible for paying all telephone and Internet access fees incurred through the use of your device, and Smarter Time cannot in any case be held responsible for the payment of those fees.

Article 12 – Liability

As editor of the app, Smarter Time is required to monitor the activity and information contained in ads that may appear in the app or in any hypertext links available on My Phone Time, so as to ensure that they do not contain any detectably unlawful data.

This obligation applies only to information that is readily available to Smarter Time. In no case can Smarter Time be held responsible for a lack of veracity of the ad, or for the manner in which the services advertised are offered to the addressee of the ad or requested by the ad’s depositary. As a result, Smarter Time can in no way be held responsible for the non-performance or inferior performance of such services.

You agree to inform Smarter Time as soon as possible of any violation of current legislation of which you are made aware and which would specifically derive from the content or purpose of an ad displayed in our app. Based on the elements you have provided, Smarter Time reserves the right to delete as a matter of right, without prior warning or compensation, the relevant ad or hypertext link.

Article 13 – Language

These General Terms and Conditions of Use are available in English.

Article 14 – Governing law and devolution of powers

These General Terms and Conditions of Use are governed by, construed and applied in accordance with French law.

Any legal disputes arising from the construing, modification, implementation, or rescinding of these General Terms and Conditions of Use will, in the absence of an amicable settlement, be under the exclusive jurisdiction of courts of law located within the jurisdiction of the Paris Court of Appeal.